KAMAL ARJYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 06-07-2015, passed by learned Sessions Judge, Barpeta, in Sessions Case No. 222 of 2011, convicting the accused-appellant, under Section 302 of the IPC, and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer Rigorous Imprisonment for three months.

(2.) The case for the prosecution, as unfolded during the trial, is that the deceased Dipali Malakar, the daughter of the informant Sri Subal Malakar (PW1), was married to the accusedappellant, Kamal Arjya. On 03-02-2009, she was caught hold of by accused Bimal Arjya and Shyamal Arjya and accused Kamal Arjya, poured kerosene on her body and set her on fire resulting, ultimately, in her death within 1½ years of her marriage. It has also been unfolded that while the deceased was alive and under medical treatment at hospital, the FIR was lodged on 04-02-2009. The victim died subsequently, on 14-02-2009.

(3.) On receipt of the FIR, Barpeta Police Station registered a case being Barpeta Police Station Case No. 87/2009, under Section 498(A)/34 of the IPC, investigated into it and, finally, on completion of investigation, laid charge-sheet against the accused-appellant and two other accused persons, namely, Bimal Arjya and Shyamal Arjya for commission of offences under Sections 498(A)/304(B)/34 of the IPC.